Section 77 – Disposal or Change of Use of Playing Field and School Land

A006 - Issue date - March 2019

Summary of requirements

The Education and Inspections Act 2006, Academies Act 2010 and Education Act 2011 made changes to the Schools Standards and Framework Act 1998 legislation that now affects all OCC maintained schools, academies, foundation schools and studio schools.


The DfE (now ESFA) guidance document on the impact of these changes is covered in the link below: data/file/430705/Disposal or change of use of playing field and school land.pdf

The term ‘change of use’ applies to constructing a building on any piece of the school site that is termed as ‘playing field’ within the DfE guidance.  Only buildings, bin stores, parking, cycle storage, roadways, pathways and swimming pools are not deemed as ‘playing field’.  For full details, see the above link.

Application to ESFA for Change of Use
Where a change of use is necessary an application to the ESFA is required using form SATPF2 which is compiled by Estates, Strategy and the relevant school, signed off by Estates.  A blank version is available for information purposes - see Forms Checklists and Documents -  SATPF2 Application for Secretary of State consent under section 77

There are a small number of exceptions and general consents that may apply.  Please contact Estates in the first instance for an assessment to check

Further details

Further details can be obtained from:

Nick Tomkins Corporate Landlord Officer

Tel: 07733 001508